Not upheld: irresponsible lending and failure to support vulnerable consumer complaint against J D Williams and Company Limited trading as Simply Be

Decision detail

Summary

Miss W complained that Simply Be allowed her to be trapped in a persistent cycle of debt and failed to support her as a vulnerable consumer. She opened a catalogue credit account in October 2023 with an £850 limit and made regular repayments, though her debt did not reduce significantly due to continued purchases. Miss W disclosed mental health issues to Simply Be in February 2024, but did not elaborate on deterioration until her complaint in September 2025. The ombudsman found that Miss W did not meet persistent debt criteria as she maintained regular payments without defaults, and that Simply Be was not aware of her mental health deterioration until her complaint. The complaint was not upheld, though the ombudsman reminded Simply Be of its obligations to treat Miss W fairly if she is now in financial difficulties.

The Ombudsman's reasoning

The ombudsman found that Miss W did not meet the criteria for persistent debt because she was making at least minimum monthly repayments and sometimes more, with no missed or late payments. Simply Be would not have known that family members were making these payments. The account management issue arose because Miss W continued to make purchases that increased her debt despite regular repayments. Simply Be was not made aware of any deterioration in Miss W's mental health until her complaint in September 2025, and when she did complain, Simply Be appropriately disabled spending and offered support. The ombudsman concluded that Simply Be's actions were appropriate and what would be expected of a business in these circumstances.

How this compares

Source

Read the original decision on the Financial Ombudsman Service website